Aung San in Kayah State: inside the political storm

Published on Jul 19, 2018
Published on Jul 19, 2018
Authorities arrest and charge protesters who on 3 July demonstrated against the erection of a bronze statue of General Aung San (Pic: Khun Athan)
Authorities arrest and charge protesters who on 3 July demonstrated against the erection of a bronze statue of General Aung San (Pic: Khun Athan)

LOIKAW — One night in 2012, in the Kayah State capital of Loikaw, a group of ethnic Karenni youths were engaged in clandestine activity.

In advance of Martyrs’ Day, 19 July, they crept around the town putting up posters of General Aung San, the Independence hero assassinated along with eight of his colleagues on that date in 1947. They also cleared the weeds around a stone monument for the nine martyrs in a central park, and 50 youths marched on the street to commemorate them.

Over the last four years, Martyrs’ Day has become a major public event. The veneration of Aung San is being actively promoted by a civilian government led by the man’s daughter, State Counsellor Daw Aung San Suu Kyi, and her National League for Democracy (NLD) party.

Formerly, the ruling military suppressed or downplayed the memory of Aung San, fearing it would bolster popular support for their political nemesis, Aung San Suu Kyi. The Karenni youths were making a defiant, and potentially dangerous, act.

 

 

However, six years on, the same Karenni youths and local ethnic groups who wish to promote their own histories and heroes are resisting the public veneration of Aung San, whose memory they now see as a vehicle for cultural domination by the ethnic Bamar (Burman) majority in Myanmar.

In July this year, more than 20 local youths were charged with incitement and sedition for demonstrating against the Kayah State government’s plan, announced in February, to use public funds to erect a bronze equestrian statue of Aung San in central Loikaw—one of many being put up across Myanmar, against protests by ethnic minority groups—and for distributing pamphlets about the area’s long history of independence.

 

 

The issue, and the way it has been handled since a July 3 protest in Loikaw ended in scuffles with the police, has fed growing tensions between local communities and the NLD-appointed state government. The NLD swept most seats in Kayah State in the 2015 general election, as part of a landslide win nationwide, but locals complain of being neglected by the victorious party.

Both the Union government and the NLD leadership have declined to intervene in, or take responsibility for, the statue controversy, saying it’s up for the state government to resolve it with local communities.

After warning that the army could be called on in the event of future protests, the chief minister appeared to soften on July 23, declaring that responsibility for erecting the statue would be taken out of government control and put in the hands of a committee of community-based organisations. This prompted local youth activists to announce a suspension of protests the next day, though they remain opposed to the statue.

This report examines how the bitter dispute over the statue has been fuelled by ethnic pride in the area’s largely independent history, local perceptions of betrayal by the ruling NLD, and what some see as the unscrupulous ambition of the state’s chief minister.

Past autonomy, present underdevelopment

In June, a group of ethnic-based associations in Kayah State sent an open letter to the state government laying out their objections to the Aung San statue.

It said Aung San had no meaningful ties to the area and visited only once, in 1946, when it was known as the Karenni States. He was then lobbying frontier areas—where ethnic minority populations enjoyed administrative autonomy under British rule—to unify with mainland Burma on Independence. Because successive governments did not honour his promises of equality and autonomy, a statues of him would stoke tensions, they wrote.

The letter mentioned a treaty signed by delegates of the Burmese king Mindon and the British in 1875 that recognised the independence of the five Karenni States, allowing them even greater freedom than other frontier areas during colonial rule. These details were contained in the pamphlets disseminated locally in early July.

On independence in 1948, the Karenni States were joined to form Karenni State. Along with other states named in the 1947 constitution, it was given the right to secede from the Union of Burma after ten years. In 1951, it was renamed Kayah State.

Kayah State is Myanmar’s smallest and least populous state, with almost 290,000 people, less than half the population of the single township of Hlaing Tharyar in Yangon. It remains severely underdeveloped. According to the 2014 national census, only half of all residents have access to electricity, despite the presence of Lawpita hydroelectric dam, which supplies power to a substantial chunk of Myanmar.

A model civil servant

Kayah State’s 39-year-old chief minister, L Phaung Sho, is a Buddhist of mixed ethnic Kayan and Shan heritage. He was little known, even among politicians and NLD activists, before his ascension to power with the new government in 2016.

He resigned as a government education officer and joined the NLD only months before the November 2015 general election. He won one of two seats in the state parliament for the southern township of Mese, which has little more than 6,000 people, before the NLD leadership handpicked him for the chief minister post.

L Phaung Sho was born in Lawpita Shan village in Loikaw Township, in the north of Kayah State, and went to the University for the Development of the National Races of the Union in Sagaing Region in northwest Myanmar.

The university was founded in 1964 under General Ne Win, who seized power in a military coup d’état two years before that. Since 2012, the university has been administered by the military-controlled Ministry of Border Affairs. All students must first pledge allegiance to the Three National Causes, as defined by the military, and must vow not to get involved with political parties.

Graduating with a Bachelor of Education, he landed a post as assistant district education officer in Mese Township. He earned a good reputation in government circles, as one who diligently followed rules, and was awarded two medals for his service.

According to NLD insiders, who asked to remain anonymous, the secretary of the NLD’s Central Committee for Research and Strategy Studies, U Myo Yan Naung Thein, visited Mese before the 2015 election and found L Phaung Sho a man of great potential.

Myo Yan Naung Thein recommended him to the party, which duly nominated him as a candidate. L Phaung Sho won his state parliament seat gaining 725 out of 1319 votes, beating the USDP candidate with a margin of 461.

Another man, 49-year-old Dr. Aung Kyaw Htay, a former assistant doctor at Loikaw General Hopsital, was then tipped for the chief minister job.

Yet, within days of the election, youth groups and members of ethnic armed groups held a public meeting, which concluded that the chief minister should be a local ethnic person. Aung Kyaw Htay is an ethnic Kayin, or Karen, from Kawhmu Township in Yangon.

They requested state-level NLD leaders to relay this decision to Aung San Suu Kyi, and their wishes seemed to be heeded when L Phaung Sho was appointed chief minister.

“My opinion is the NLD had no choice but to appoint him as chief minister,” said 30-year-old Khun Athan, from the local Kayan ethnic group, who took part in both the 2012 martyrs commemoration and the recent protests against the Aung San statue.

Yet, this apparent deference to local wishes overlaid a history of tense factionalism, and difficult questions of legitimacy, within the NLD in Kayah State, which can be traced back to 1990.

‘They did not listen to what we said’

Accompanying their landslide win elsewhere in Myanmar, the NLD won four out of eight parliamentary seats for Kayah State in the 1990 election. After the military junta dismissed the results nationwide, they cracked down particularly hard on the NLD in Kayah State, declaring it an “NLD-free zone.”

“When they [military intelligence] got the list of township coordinators, they didn’t know who they were and arrested everyone with the same name,” said 83-year-old U Aung Tin, who won a seat in 1990 with the NLD.

Due to continued repression and the jailing of several friends, Aung Tin left the NLD in 1994, and NLD activity in the state reduced to nothing.

When the NLD re-registered, following Aung San Suu Kyi’s meeting with newly installed president U Thein Sein in 2011, NLD activists and election candidates from 1990 tried to rebuild the party in the state.

Concurrently, however, a new group of people tried to build a party structure and win the approval of the central NLD leadership. They eventually succeeded, to the dismay of the veteran activists in the former group.

“The NLD’s decision was so tyrannical. They did not listen to what we said,” said Aung Tin, sitting in his living room with a picture of Aung San Suu Kyi on the wall.

At a loss, Aung Tin’s colleagues founded the Kayah Unity Democracy Party, which competed in the 2015 election. Though they failed to win a seat, they merged last year with another local party, the All Nationals’ Democracy Party, which won a seat in an April 2017 by-election, to form the Kayah State Democratic Party.

Meanwhile, the party chapter anointed by the central NLD leadership won most seats in the state in the 2015 election.

Local civil society and community groups, who campaigned for the NLD, saw in Aung San Suu Kyi’s party the best chance of preventing the military-backed Union Solidarity and Development Party (USDP), which then held all seats in Kayah State, from returning to power.

“We campaigned for the NLD [in 2015], especially targeting the constituencies where former ministers such as U Aung Min and U Soe Thein were running, to make sure local people won in the election,” said Khun Athan.

However, the same local groups say that, despite all this support, the NLD government has ignored them since the election. Worse, it has tried to exert tighter control over local civil society, demanding government approval at multiple levels even for cultural events.

“It is not easy to rebuild trust. We are now following different paths,” Khun Athan said.

Shortcuts

The planned Aung San statue is not without some local support. When Myanmar Now interviewed 15 local people in Loikaw, almost half of them—particularly, but not exclusively, those of Bamar ethnicity—said they supported it. The support was linked to approval of the chief minister, who, they said, had improved public transport in the state.

“It doesn’t harm them,” said a 21-year-old ethnic Kayan woman, referring to those opposing the statue. “I think we should erect it as a memorial, no matter what.”

Those in opposition accuse the chief minister and the NLD party of exploiting the memory of Aung San for electoral gain, as a substitute for effective governance.

“They want to follow the easy way and not build up a good image through their own abilities,” said local Karenni activist Dee Di, who was formerly sentenced to 32 years in prison for protesting against the new military-drafted constitution in 2008.

U Aung Naing Oo, a USDP member and former state minister, joined in the criticism: “When people see Bogyoke [Aung San], they will see Daw Su [Aung San Suu Kyi]. When they see Daw Su, they will see the NLD. This is using shortcuts for political gain.”

Critics allege that the chief minister, by backing the statue, is also trying to please higher-level leaders in the NLD to further his political ambitions.

L Phaung Sho has already risen through the NLD ranks swiftly. Despite having no history in the party prior to 2015, he is now a member of its central committee.

Myanmar Now sent a letter seeking comment from the chief minister in the second week of July but received no response. On phoning his office, his personal assistant said the chief minister was too busy respond.

L Phaung Sho told Radio Free Asia in early July that the state government had been transparent from the beginning about the statue.

“When the sculpting of the bronze statue of Bogyoke [Aung San] began, we invited all the ward administrators and ethnic literature and cultural committees in the state, and we continued with the plan only when they agreed to the plan,” se said.

He claimed the majority supported the plan, with objections only coming from a small group of people. He said the government would fulfil the majority’s wish.

However, the state-level NLD chapter said in July that they warned the chief minister and the state government five months ago about the sensitivity of the proposed statue.

“The [state-level] party decided in February that the project should be postponed and should only proceed with the people’s support,” said Kayah State NLD chairman U Thaung Htay.

‘The fire has already started’

Former ministers in the state government said they were concerned about communal tensions, given local ethnic people’s pride in their independent history.

“We cannot touch issues related to race, ethnicity and religion here,” said U Ye Win, a USDP member and former state minister of forestry and mineral resources.

“The government will now struggle to handle the situation. The fire has already started,” said the former Geba ethnic representative in the state government.

Some worry that ethnic armed groups will also be drawn into the dispute, threatening a fragile peace in the state.

The state’s biggest armed group, the Karenni National Progressive Party (KNPP), who have fought the Myanmar army for decades, has written to Aung San Suu Kyi expressing their concern at the arrest and prosecution of locals who opposed the Aung San statue. Activists in the state even urged the KNPP to protest against the third Union Peace Conference held in mid July in the capital Naypyidaw. The KNPP ultimately chose to attend, without protest.

Expressing frustration with the impasse over the statue, Karenni activist Dee Di, who was among those arrested, said, “We didn’t expect it would end up like this. Now we just have to write our own history.”

Editing by Ben Dunant

Htun Khaing is Assistant Editor with Myanmar Now.

Phadu Tun Aung is Reporter with Myanmar Now. He is based in Sittwe, Rakhine State.

Announcement came as court postponed the 82-year-old’s third hearing, meaning his request for bail on health grounds was not considered 

Published on Mar 19, 2021
Win Htein arrives for the opening ceremony of the second session of the Union Peace Conference in 2017 (EPA-EFE)

Detained National League for Democracy party stalwart Win Htein is to be tried by a special tribunal of two judges following an order from the military-controlled Supreme Court, his lawyer said on Friday. 

“It was just one judge before, and now there’s two,” Min Min Soe told Myanmar Now. 

“District judge Ye Lwin will serve as chair, and deputy district judge Soe Naing will be a member of the tribunal,” she added.

Win Htein faces up to a 20-year prison sentence for sedition under section 124a of the Penal Code.

His third hearing, scheduled for Friday, was postponed, with the court citing the internet shutdown as the reason because it made video conferencing impossible, Min Min Soe said.

“The arguments will be presented at the next hearing, we applied for bail but since they’re setting up a tribunal for the lawsuit, that will be discussed at the next hearing as well,” she said.

At the second hearing on March 5, Win Htein requested an independent judgement, a meeting with his lawyer, and bail due to his health issues, but the court said those requests would be heard on March 19.

Win Htein, 82, uses a wheelchair and suffers from breathing problems that means he often requires an oxygen tank. He also suffers from diabetes, high blood pressure, hypothyroidism and benign prostatic hyperplasia. 

Min Min Soe was allowed a brief call with her client on Friday to tell him that his hearing had been postponed until April 2.

Aye Lu, the chair of the Ottara district administration council in Naypyitaw, is the plaintiff in the lawsuit against Win Htein. Ottara district is where the NLD’s temporary headquarters are located. 

Aye Lu filed the charge on February 4 and Win Htein was arrested that evening at his home in Yangon. He has been kept in the Naypyitaw detention center and denied visits from his lawyers. 

He was detained after giving media interviews in the wake of the February 1 coup in which he said military chief Min Aung Hlaing had acted on personal ambition when seizing power. 

On Wednesday the military council announced that it was investigating Aung San Suu Kyi for corruption, on top of other charges announced since her arrest.

Many other NLD leaders, party members and MPs have been arrested or are the subject of warrants.

Kyi Toe, a senior figure in the NLD, was arrested on Thursday night in Hledan, Yangon.

 

Myanmar Now is an independent news service providing free, accurate and unbiased news to the people of Myanmar in Burmese and English.

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The country’s military leaders have acted with impunity for decades, but now there is a mechanism to bring them to justice

Published on Mar 19, 2021
Nationwide protests against the coup have been responded with murders, torture and mass arrests by the military regime. (Myanmar Now)

On March 8, U Ko Ko Lay, a 62-year-old teacher, bled to death on a street in the Kachin state capital Myitkyina. He had been shot in the head while protesting the military coup of February 1. That same night, U Zaw Myat Lynn, an official from the National League for Democracy, was taken from his home in Shwepyithar on the outskirts of Yangon and tortured to death. The list keeps growing.

In the more than six weeks since Senior General Min Aung Hlaing seized power, images of soldiers and police officers shooting, beating, and arresting protesters have flooded social media and Myanmar and international news outlets. So far, the regime’s forces have killed well over 200 people (more than half of them in the past week) and seriously injured many more. The junta has also arrested nearly 2,200 people, some of whom, like U Zaw Myat Lynn, have died in custody.

Each day, Myanmar human rights organizations update lists with names, dates, locations, and causes of death. Around 600 police and a handful of soldiers have decided they do not want to be involved in such actions. They have left their posts and even joined the anti-coup movement.

Many soldiers, police officers, and commanding officers are acting with impunity now. But they can face prosecution, not only in Myanmar’s courts but also internationally. Like any country, Myanmar is subject to international law. Because of its history of atrocities, most recently against the Rohingya people, Myanmar is also already subject to special international legal proceedings that apply to the current situation.

The most relevant is the United Nations’ Independent Investigative Mechanism for Myanmar (IIMM). The IIMM was created in 2018 after the Myanmar military’s brutal campaign against the Rohingya people, but it applies to the whole country. Its mission is to investigate “international crimes” from 2011 to the present.

International crimes are generally defined as “widespread and systematic” in nature, involving many victims and locations. These include crimes against humanity, war crimes, and genocide.

In keeping with its mandate, the IIMM is collecting information on the current situation. In a statement released on February 11 (available in Myanmar here), it highlighted the “use of lethal force against peaceful protesters and the detention of political leaders, members of civil society and protesters.”

More recently, on March 17, the IIMM also called on recipients of illegal orders to share this evidence so that those ultimately responsible for these crimes can be held accountable.

"The persons most responsible for the most serious international crimes are usually those in high leadership positions. They are not the ones who physically perpetrate the crimes and often are not even present at the locations where the crimes are committed,” the head of the IIMM, Nicholas Koumjian, says in the statement (available in Myanmar here).

The crimes the IIMM investigates could be tried in Myanmar courts, courts in other countries, or international courts. International crimes are crimes that are so serious that they are considered to be against the international community, and are therefore not limited to courts in one country.

In other words, an international crime committed in Myanmar—for example, widespread and systematic attacks on civilians—can be tried in a court in another country or in an international court.

The Myanmar military is used to getting away with murder. Decades of well-documented killing, rape, and torture of civilians in ethnic minority areas have gone unpunished. No one has ever been tried for the killing of protesters during previous mass uprisings against military rule in 1988 and 2007.

But this time may be different. On March 4, the International Commission of Jurists said in a statement that “the killing of peaceful protesters by Myanmar’s security forces should be independently investigated as possible crimes against humanity.”

The IIMM is already set up and working. It provides a mechanism for just such an investigation. Those doing the shooting should be aware of this.

For further information:

The Independent Investigative Mechanism for Myanmar (IIMM) on Facebook

International Accountability Mechanisms for Myanmar (learning materials in English, Myanmar, and Karen)

Lin Htet is a pen name for a team of Myanmar and international writers

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A resident said armed forces used drones to monitor the crowd before opening fire on them

Published on Mar 19, 2021
Men carry a wounded protester in Aungban, Shan State, on the morning of March 19 (Supplied)

At least eight anti-coup protesters were killed in Aungban, southern Shan State, during an attack by the military junta on demonstrations on Friday morning, according to the Aungban Free Funeral Service Society.

Sixteen military trucks carrying more than 100 policemen and soldiers arrived at the protest site at around 9:00 a.m. and began shooting at protesters. Seven died at the scene, and another protester who had been shot in the neck was taken to Kalaw Hospital and died by 11:00 a.m.

All eight victims were men. 

The body of the man who died at the hospital was sent to his family’s home, but those who were killed at the protest site were taken away by the junta’s armed forces, a representative of the Free Funeral Service Society told Myanmar Now. 

Aungban resident Nay Lynn Tun told Myanmar Now that police and soldiers had destroyed the doors of nearby homes in order to arrest people, and that at least 10 people had been detained. 

“Initially, police arrived at the site. When the crowd surrounded the police, armed soldiers arrived at the site and began firing,” he told Myanmar Now. “In the coming days, if we cannot gather to protest, we will do it in our own residential areas.”

Since March 13, around 300 volunteer night guards have watched over these residential areas to protect locals from the dangers posed by the junta’s nighttime raids. These forces use drone cameras to monitor the activities of the night guards from 3:00 a.m. until 5:00 a.m. every day, Nay Lynn Tun said. 

He added that hours before Friday’s crackdown, military and police had also used drone cameras to monitor the gathering of protesters in Aungban.

Over the last week, at least 11 protesters have been arrested in Aungban. Only three-- the protesters who were minors-- were released.

South of Shan State, in the Kayah State capital of Loikaw, two pro-democracy protesters were also shot with live ammunition by the regime’s armed forces on Friday. One, 46-year-old Kyan Aung, was shot in the lower abdomen and died from his injuries. The other wounded protester was a nurse, according to eyewitnesses. 

According to a March 18 tally by the advocacy group Assistance Association for Political Prisoners, at least 224 people have been killed across the country by junta’s armed forces since the February 1 coup. Thousands more have been arrested. 

 

Myanmar Now is an independent news service providing free, accurate and unbiased news to the people of Myanmar in Burmese and English.

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